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HomeMy WebLinkAboutFINDINGS OF FACT - Brian & Marybeth Lemon - 249 Mohawk - CUP for a basement apartmentFINDINGS OF FACT FOR CONDITIONAL USE PERMIT On June 4, 2002, Brian & Marybeth Lemon presented to the Rexburg City Clerk a Request and Application for a Conditional Use Permit for a basement apartment on property at 249 Mohawk in the City of Rexburg. On June 12', 2002, Brian & Marybeth Lemon appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit for an apartment at 249 Mohawk. It was recommended that this request should go to public hearing. On June 27'", 2002, the City Clerk sent the Notice of Public Hearing to be published in the local newspaper on July 181 and July 10', 2002. A notice was posted on the property and sent to all property owners within 300 feet of the above mentioned property. 4. On July 18', 2002, Brian Lemon appeared before the Planning & Zoning Commission for the City of Rexburg requesting a Conditional Use Permit for a basement apartment at 249 Mohawk in the City of Rexburg. This area is zoned LDRI and does allow for a two family dwelling at this location. There was no opposition to this request and after discussion the Commission moved and approved this application for a Conditional Use Permit. StepheA Zollinger, City A rney REXBURG PLANNING & ZONING June 12, 2002 7:00 p.m. Chairman: Winston Dyer Members: Robert Schwartz - Excused Ted Whyte DaVawn Beattie - Conducting for Winston Glenn Walker Mike Ricks Steve McGary Doug Smith P.F.C. John Millar P & Z Admin Kurt Hibbert City Attorney Stephen Zollinger City Clerk Blair D. Kay DaVawn welcomed the community members to the meeting. Approval of the Minutes: Ted made a motion to approve the minutes of May 22, 2002. Glenn seconded the motion. All voted aye, None opposed. The motion carried. Noncontroversial Items: New Business: 7:10 Public Hearing for Annexation & Zone Change from RR to MDR Nelda Jeppesen/Cal Hulse -1042 & 1038 South and i000 West Judy Hobbs - Representing the Jeppesens indicated that they are requesting MDR zoning as recommended by City Council. DaVawn - Opened the meeting to Public Comment. Public Comment in favor: Sharron Jeppesen - Apologized for the feelings that have been caused by this proposal. The sale of this property represents a life's work for the Jeppesen. Sharron requested that the property be developed by the free market process. She indicated that BYU-I is in need of additional housing for the students. Rik Wadholm indicated traffic flow would not be routed onto 4' South. It would be routed where Oklahoma's handle is located on the plat plan. He explained that MDR would allow him to build 22 units verses 40 units for HDR. The development would include a laundry and recreation room. The outside development would include green areas and playgrounds. His developers would pursue HDR to the fullest extent. Glenn made a motion with moderate consideration to send this request for zone change to City Council for reconsideration with the same intent as the motion made on April 10, 2002, which stated: 'that they approve the zone change from HBD to HDR and send it to Public Hearing before the City Council'. Doug Smith seconded the motion to remand this request to the City Council with the same recommendation previously approved. Discussion: The purpose for this identical motion is to eliminate additional meetings and take the request back to City Council where it can be adjudicated. The Commission voted as follows: Those voting Aye: Winston Glenn Doug DaVawn Those voting Nay: Steve Mike Ted The Commission's vote was four Ayes and three Nays. The motion carried. Preliminary plat review - Rocky Mountain Way - Forsgren & Associates Kurt Hilbert - reviewed the plat on the overhead screen Kurt Rowland - Representing Rick Hancock and Forsgren & Associates reviewed the plat. This is a planned residential development(PRD). Winston asked if the protective covenants or binding conditions were available. Stephen said the City has not received these covenants. Kurt Rowland - The full packet is being developed at this time. Mike Ricks - Discussed the parking issues and snow removal concerns. Mike represents this area being discussed on the P&Z Commission. Street parking was discussed by the Commission. The parking on the street may inhibit the driveway parking. Doug made a motion to approve the preliminary site and plat plan with conditions which include: 1) Protective covenants 2) Comply with Ordinances on PRD developments approved by staff. The motion was seconded by DaVawn. Discussion on the quality of the plat and the width of the streets. All voted aye, None opposed. The motion carried. Request for Conditional Use Permit - Brian Lemon - 249 Mohawk Winston noted that it could be conditioned to family use. Ted Whyte recommended to send this request to a public hearing with the P&Z Commission. Glenn seconded the motion, all voted aye. None opposed. The motion carried. REXBURG PLANNING & ZONING Chairman: Members: P.F.C. P & Z Administrator City Attorney City Clerk July 18, 2002 7:00 p.m. Winston Dyer Robert Schwartz - Excused Ted Whyte DaVawn Beattie Glenn Walker Mike Ricks Steve McGary Doug Smith - Excused Jerry Hastings Mary Haley Jacob Fullmer- Excused John Millar Kurt Hibbert Stephen Zollinger Blair D. Kay Winston Dyer welcomed Council Member Shawn Larsen and new P&Z Commission member Mary Haley to the meeting. Approval of the Minutes: The minutes of July 10, 2002 were reviewed and the Conditional Use Permit at 355.5 W. 2vd S. for Dowanna Cox was discussed. Winston Dyer discussed the Commissions approval of the Site Plan without addressing the Conditional Use Permit. The applicant intends to house 16 individuals in three units. The discussion from the Commission Members indicated their concerns on the site plan. The applicant had worked with City Staff to resolve other issues. No further action was requested by the Commission. Stephen Zollinger - Reviewed the Commissions desire to clarify the application. There was some confusion on the application's intent. The discussion shifted to Site Plan issues. DaVawn Beattie made a motion to approve the minutes of July 10, 2002. Mike Ricks seconded the motion, Winston Dyer abstained, all voted aye, none opposed. The motion carried. Noncontroversial Items added to the agenda DaVawn Beattie - Discussed sidewalk locations and safety issues with curb side locations. Winston Dyer - Read a letter from Doug Ladle - 1056 Barney Dairy Road, regarding a petition for Transportation Facilities at 1000 East, between 1100 South and Barney Dairy Road. The letter was discussed and entered into the file. Winston Dyer - He gave direction to the public on giving Public Testimony at the meeting. New Business: • Public Hearings 7:05 PM Conditional Use Permit - 249 Mohawk - Brian & Mary Beth Lemon Kurt Hibbert - Reviewed the location on the overhead screen. Zoning is LDR1 for this request. Brian Lemon - 249 Mohawk Ave - They are requesting a basement apartment for their residence Winston Dyer - Asked if this was a first time use for this home. Mary Lee Hill discussed other homes in the area that have apartments. Parking was discussed at the site. LDRI does allow for a two family dwelling at this location. Those in favor of the request: Mary Beth Lemon - They have been getting requests for occupancy and are very excited to have an apartment in their basement. Those neutral to the request: No testimony was given Those against the request: No testimony was given The Public Hearing was closed. Discussion on this request for an apartment and other apartments on the same street. There are at least four other apartments on this street. Glenn Walker made a motion to approve the request for an apartment with conditions. Condition # 1) Meet the requirements of a Life Safety Inspection Condition #2) Approved by City Staff Jerry Hastings seconded the motion, all voted aye, none opposed. The motion carried.